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In common law jurisdictions and some civil law jurisdictions, legal professional privilege protects all communications between a professional legal adviser (a solicitor, barrister or attorney) and his or her clients from being disclosed without the permission of the client. The privilege is that of the client and not that of the lawyer.
A privilege is a certain entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. Land-titles and taxi medallions are examples of transferable privilege – they can be revoked in certain circumstances.
One well-known privilege is the solicitor–client privilege, referred to as the attorney–client privilege in the United States and as the legal professional privilege in Australia. This protects confidential communications between a client and his or her legal adviser for the dominant purpose of legal advice. [1]
In his Complex Litigation column, Michael Hoenig discusses 'Day v. Johns Hopkins Health Sys.', writing: The Witness Litigation Privilege continues to be a formidable policy-based immunity rule.
Attorney–client privilege or lawyer–client privilege is the common law doctrine of legal professional privilege in the United States. Attorney–client privilege is "[a] client's right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney."
Litigation privilege is only engaged in the context of adversarial proceedings, which excludes investigative or inquisitorial proceedings, such as family law care proceedings. [24] For the purpose of legal advice privilege, the term client does not extend to documents produced by employees for the purpose of being sent to the client's solicitor.
In American civil procedure, the work-product doctrine protects materials prepared in anticipation of litigation from discovery by opposing counsel. [1] It is also known as the work-product rule, the work-product immunity, the work-product exception, and the work-product privilege, though there is debate about whether it is truly a "privilege."
The joint defense privilege, or common-interest rule, is an extension of attorney–client privilege. [1] Under "common interest" or "joint defense" doctrine, parties with shared interest in actual or potential litigation against a common adversary may share privileged information without waiving their right to assert attorney–client privilege. [2]